Notice2021-14278
Privacy Act of 1974; System of Records
Primary source
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Published
July 6, 2021
Issuing agencies
Agriculture DepartmentForest Service
Abstract
In accordance with the Privacy Act of 1974, the U.S. Department of Agriculture (USDA or Department) proposes to create a new system of records titled "Department of Agriculture Forest Service Application Cloud Environment (FS ACE)." ACE is a general support system owned by the Forest Service Chief Information Officer (CIO) and operated by the Data Center Services Branch of the Forest Service CIO Operations Division. The system is located and managed in two geographically separated USDA Digital Infrastructure Services Centers (DISC), Class 4 data centers: One in Kansas City, MO; and the other in St. Louis, MO. Each provide alternate processing and data storage services in support of disaster recovery activities. Additionally, DISC-Kansas City provides off-site tape storage in Lenexa, KS, through a third-party vendor, Recall. All three locations are addressed within the DISC authorization boundaries.
Full Text
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<title>Federal Register, Volume 86 Issue 126 (Tuesday, July 6, 2021)</title>
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[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Notices]
[Pages 35462-35465]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14278]
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DEPARTMENT OF AGRICULTURE
Forest Service
Privacy Act of 1974; System of Records
AGENCY: U.S. Department of Agriculture; Forest Service.
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Agriculture (USDA or Department) proposes to create a new
system of records titled ``Department of Agriculture Forest Service
Application Cloud Environment (FS ACE).'' ACE is a general support
system owned by the Forest Service Chief Information Officer (CIO) and
operated by the Data Center Services Branch of the Forest Service CIO
Operations Division. The system is located and managed in two
geographically separated USDA Digital Infrastructure Services Centers
(DISC), Class 4 data centers: One in Kansas City, MO; and the other in
St. Louis, MO. Each provide alternate processing and data storage
services in support of disaster recovery activities. Additionally,
DISC-Kansas City provides off-site tape storage in Lenexa, KS, through
a third-party vendor, Recall. All three locations are addressed within
the DISC authorization boundaries.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
effective upon publication, subject to a 30-day notice and comment
period to comment on the routine uses described below. Please submit
any comments by August 5, 2021.
ADDRESSES: You may submit comments, identified by docket number FS-
2021-0004 by one of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>--
follow the instructions for submitting comments.
<bullet> Cynthia Towers, NRE Forest Service Privacy Officer, Office
of the Chief Information Officer, U.S. Department of Agriculture, 1400
Independence Avenue SW, Washington, DC 20250.
<bullet> email to <a href="/cdn-cgi/l/email-protection#0f5c4221495c2158404940464e4f7a7c6b6e21686079"><span class="__cf_email__" data-cfemail="affce281e9fc81f8e0e9e0e6eeefdadccbce81c8c0d9">[email protected]</span></a>.
Instructions: All submissions received must include the Agency name
and docket number for this rulemaking. All comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided.
Docket: For access to the docket to read the background document or
comments received go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For general questions about this
notice, please contact Cynthia Towers, NRE Forest Service Privacy
Officer, at 816-286-5272 or by email at <a href="/cdn-cgi/l/email-protection#fb9882958f93929ad58f948c9e8988bb8e889f9ad59c948d"><span class="__cf_email__" data-cfemail="aac9d3c4dec2c3cb84dec5ddcfd8d9eadfd9cecb84cdc5dc">[email protected]</span></a>.
For privacy issue questions, please contact: Sullie Coleman, Chief
Privacy Officer, Office of the Chief Information Officer, U.S.
Department of Agriculture, 1400 Independence Avenue SW, Washington, DC
20250 or by email at <a href="/cdn-cgi/l/email-protection#2c5f5940404549024f434049414d426c595f484d024b435a"><span class="__cf_email__" data-cfemail="7003051c1c19155e131f1c151d111e30050314115e171f06">[email protected]</span></a> or by telephone at (202)
604-0467.
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5
U.S.C. 552a), requires agencies to publish in the Federal Register
notice of new systems of records maintained by the Agency. A system of
records is a group of any records under the control of any agency from
which information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
an individual.
The Forest Service proposes to create a system of records entitled
USDA/FS-63 Application Cloud Environment (FS ACE) that will be used to
maintain records of activities conducted by the Agency pursuant to its
mission and responsibilities.
TITLE OF BUSINESS ADDRESS OF THE AGENCY OFFICIAL RESPONSIBLE FOR THE
SYSTEM OF RECORD:
Chief Information Officer, U.S. Department of Agriculture, 1400
Independence Avenue SW, Washington, DC 20250.
SYSTEM NAME AND NUMBER:
USDA/FS-63 Application Cloud Environment (FS ACE). Forest Service
Application Cloud Environment (FS ACE) CSAM ID 1991, External ID: UII
Code: 005-000000243; 005-000003304; 005-000003305; 005-000000257.
SECURITY CLASSIFICATION:
Controlled Unclassified Information (CUI).
SYSTEM LOCATION:
The system is located and managed in two geographically-separated
U.S. Department of Agriculture (USDA)
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Digital Infrastructure Services Centers (DISC), Class 4 data centers,
one at 8930 Ward Parkway, Kansas City, MO 64114 and the second at 4300
Goodfellow Blvd., St. Louis, MO 63120. Each provide alternate
processing and data storage services in support of disaster recovery
activities. Additionally, Kansas City provides off-site tape storage
through Recall, located at 16150 W 110th St., Lenexa, KS. All three
locations are addressed within the DISC authorization boundaries.
SYSTEM MANAGER:
ACE System Owner, Management Office 903 E 104th Street, Ste. 210,
Kansas City, MO 64131. Additional location: Production DC--DISC Kansas
City, MO.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
For FS ACE, authorities for general collection of information come
from by 31 U.S.C. 3512, Executive Agency Accounting Systems Act of
September 12,1950, and 16 U.S. Code Sec. 551--Protection of national
forests; rules and regulations. For Federal requirements for the
collection of information, also see: 5 U.S.C. Chapter 552 (Freedom of
Information Act), 44 U.S.C. Chapters 21, 29, 31, and 33 (Records
Management), and 18 U.S.C. 2071 (Concealment, removal, or mutilation of
government records).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to manage a set of
projects that is part of the Digital Infrastructure Services Center
cloud migration. The goal of the FS ACE is to enable the Agency to
concentrate on building integrated business solutions rather than
managing separate technology issues. This system provides general
hosting services to applications within the Forest Service. Hosting
services include Virtual Data Center (VDC) environment, storage, backup
and recovery, monitoring, etc. The FS ACE hosts the applications that
collects an individual's personal information (PII) as a part of doing
business with the Forest Service. FS ACE houses sensitive data from
various FS programs and allows FS authorized users the ability to
access and update this information. For example:
<bullet> Integrates the information for reporting, analysis, and
management of various Human Resource Management processes and
functions, which includes both PII, and budget and finance data;
<bullet> Contains applications to collect, store, edit, compile and
report on field collected resource data for our nation's forests and
grasslands per the Farm Bill requirement; and
<bullet> FS ACE collects PII from several applications that include
short term (seasonal) contractors and researchers in support of the
Forest Inventory & Analysis program.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All individuals granted access to the FS ACE are covered: All
individuals, even if they are not users of the FS ACE who are mentioned
or referenced in any documents entered into FS ACE by a user are also
covered. This group may include, but is not limited to, vendors,
agents, and other business personnel.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system of records includes the following required information
about an individual: The individual's first and last name, social
security number, tax identification number, passport number, driver's
license number, or unique identification number.
RECORDS SOURCE CATEGORIES:
Information contained in FS ACE may be collected from an individual
via fax, email, form, telephone, or website, depending on the
application used.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, records contained in a system may be
disclosed outside USDA as a routine use under 5 U.S.C. 552a(b)(3) to
the extent that such uses are compatible with the purposes for which
the information was collected. Such permitted routine uses include the
following disclosures:
A. To the appropriate agency, whether Federal, State, local,
Tribal, foreign, or other public authority responsible for enforcing,
investigating, or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation, or order issued
pursuant thereto, when a record on its face, or in conjunction with
other records, indicates a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, and whether arising
by general statute or particular program, statute, or by regulation,
rule, or order issued pursuant thereto, disclosure may be made if the
information disclosed is relevant to any enforcement, regulatory,
investigative, or prospective responsibility of the receiving entity
and. Referral to the appropriate agency occurs, whether Federal, State,
local, Tribal, or foreign, charged with the responsibility of
investigating or prosecuting violation of law, or of enforcing or
implementing a statute, rule, regulation, or order issued pursuant
thereto of any record within this system when information available
indicates a violation or potential violation of law, whether civil,
criminal, or regulatory in nature;
B. To the Department of Justice (DOJ), when: (a) USDA or any
component thereof; or (b) any employee of USDA in his or her official
capacity where the DOJ has agreed to represent the employee; or (c) the
United States Government, is a party to litigation or has an interest
in such litigation, and USDA determines that the records are both
relevant and necessary to the litigation and the use of such records by
the DOJ is therefore deemed by USDA to be for a purpose that is
compatible with the purpose for which USDA collected the records;
C. To a court or adjudicative body in a proceeding when: (a) USDA
or any component thereof; or (b) any employee of USDA in his or her
official capacity; or (c) any employee of the Agency in his or her
individual capacity where USDA has agreed to represent the employee, or
the United States Government, is a party to litigation or has an
interest in such litigation, and USDA determines that the records are
both relevant and necessary to the litigation and that use of such
records is therefore deemed by USDA to be for a purpose that is
compatible with the purpose for which USDA collected the records;
D. To appropriate agencies, entities, and persons when: (1) USDA
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) USDA has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, USDA (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with USDA's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm; or to another Federal agency or
Federal entity, when information from this system of records is
reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach or (2) preventing,
minimizing, or remedying the risk of harm to individuals, the agency
(including its information systems, programs, and operations), the
Federal Government, or national security;
E. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a
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contract, service, grant, cooperative agreement, or other assignment
for the USDA, when necessary, to accomplish an agency function related
to this system of records. Individuals providing information under this
routine use are subject to the same Privacy Act requirements and
limitations on disclosure as are applicable to USDA officers and
employees;
F. To a congressional office in response to an inquiry from that
congressional office made at the written request of the individual
about whom the record pertains.
G. To the National Archives and Records Administration (NARA) or
other Federal government agencies pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
H. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
I. To appropriate Federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when USDA is aware of a need
to use relevant data for purposes of testing new technology.
J. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information, or
when disclosure is necessary to preserve confidence in the integrity of
USDA, or when disclosure is necessary to demonstrate the accountability
of USDA's officers, employees, or individuals covered by the system,
except to the extent the Chief Privacy Officer determines that release
of the specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
All records are stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. The records may be
stored on digital media. Each USDA mission area, agency, and staff
office creates and maintains proper and adequate documentation of the
organization, functions, policies, decisions, procedures, and essential
transactions of the Department. This documentation protects the legal
and financial rights of the Government and of persons directly affected
by the Department's activities (44 U.S.C. 3101). U.S.C. Title 7,
Chapters 55 2204 state that the Secretary of Agriculture may conduct
any survey or other information collection and employ any sampling or
other statistical method that the Secretary determines is appropriate.
The Department is also authorized to obtain certain information
under Sec. 515 of the Treasury and General Government Appropriations
Act for Fiscal Year 2001 (44 U.S.C. 3516, Pub. L. 106-554) as well as
Title 5 Part I Chapter 3-301, and 5 U.S.C. 552 Sec. 552a.
See also: 5 U.S.C. Chapter 552; 44 U.S.C. Chapters 21, 29, 31, and
33 (Records Management); 18 U.S.C. 2071; 44 U.S.C. 3101 et seq.; 44
U.S.C. 3506; Title 7 CFR 2.37; 36 CFR Chapter 12, Subpart B; 36 CFR
part 1234, eGovernment Act of 2002 (Pub. L. 107-347, 44 U.S.C. Ch. 36);
OMB Circular A-130; NARA General Records Schedules and Forest Service
Mission-specific records retention schedules approved by NARA for NARA
Records Group 95.
POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
Records are maintained in accordance with Forest Service records
management policy and NARA's General Records Schedule, and/or NARA-
approved records schedules for NARA Records Group 95. Depending on the
application being used, records may be retrieved by Name or Unique
identifier such as: Social security number, tax identification number,
passport number, driver's license number, agency assigned number, case
number, account number or permit number, as appropriate.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records covered by this Privacy Act System of Records Notices
(SORN) are managed according to records retention schedules approved by
the NARA. Records schedules used to retain and manage records are found
in Chapter 40 of Forest Service Handbook 6209.11--Records Management
Handbook. This Handbook is available on the Forest Service website at
<a href="https://www.fs.fed.us/about-agency/regulations-policies">https://www.fs.fed.us/about-agency/regulations-policies</a>. All
unscheduled records meaning records without a National Archives-
approved records retention schedule are retained until a records
retention schedule is approved by the National Archives. Once a
schedule is approved, all existing records will be processed according
to the requirements set forth in that schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
When applicable, paper records are kept in a locked or secured
office or office building, and/or retained in a Forest Service secured
computer system and can only be accessed by authorized Forest Service
employees. Department/Forest Service safeguards electronic records in
this system according to applicable rules and policies, including all
applicable automated systems' security and access policies. The Forest
Service has imposed strict controls to minimize the risk of
compromising stored information. System access, including access to
records stored in an Agency-approved repository (such as Pinyon or its
successor) is limited to individuals with appropriate clearances or
permissions who need to know the information for performance of
official duties.
RECORD ACCESS PROCEDURES:
An individual who is the subject of a record in this system may
seek access to those records that are not exempt from the access
provisions set forth at 5 U.S.C. 552a(k)(2). A determination whether a
record may be accessed will be made at the time a request is received.
All inquiries should be addressed in accordance with the ``Notification
procedures'' below.
CONTESTING RECORDS PROCEDURES:
Any individual may contest information contained within a record in
the system that pertains to him/her by submitting a written request to
the system manager at the address indicated in the ``Notification
procedures'' section. Include the reason for contesting the record and
the proposed amendment to the information with supporting documentation
to show how the record is inaccurate.
NOTIFICATION PROCEDURES:
Individuals seeking access to records contained in this system of
records, or seeking to contest content, may submit a request in writing
to the Forest Service FOIA/Privacy Act Officer (contact information at
<a href="https://www.dm.usda.gov/foia/poc.htm">https://www.dm.usda.gov/foia/poc.htm</a>). If an individual believes more
than one Department component maintains Privacy Act records concerning
him or her, the individual may submit the request to the Departmental
FOIA Officer, 1400 Independence Avenue SW, South Building Room 4104,
Washington, DC 20250-0706; email: <a href="/cdn-cgi/l/email-protection#164345525750595f575679757f79386365727738717960"><span class="__cf_email__" data-cfemail="297c7a6d686f66606869464a4046075c5a4d48074e465f">[email protected]</span></a>.
The request should include a daytime phone number and email.
Provide as much information as possible about the
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subject matter of the records you are requesting. This will help
facilitate the search process.
If you are making a request for records about yourself, you may
receive greater access by providing either a notarized statement or a
statement signed under penalty of perjury stating that you are the
person who you say you are.
Provide your full name, date, and either: (1) Have your signature
witnessed by a notary; or (2) include the following statement
immediately above the signature on your request letter: ``I declare
under penalty of perjury that the foregoing is true and correct.
Executed on [date].'' Requests that do not contain the required
declaration will be processed under the Freedom of Information Act
(FOIA), and, if records are found, you may not receive as much
information, including information about you. If additional information
is required to fulfill a Privacy Act request, you will be notified.
If you want records about yourself to be released to a third party
(such as a law firm or other organization requesting records on your
behalf), the third party may receive greater access if they have
permission from you.
You will need a signed and dated statement that the Forest Service
may release records pertaining to you. Include your name; date of
birth; name of the person or organization to whom you want your records
disclosed (where applicable); their contact information; and list of
records that may be released (all, emails, medical records, etc.). The
person about whom the records will be released should include a
statement indicating that they understand that knowingly or willingly
seeking or obtaining access to records about another person under false
pretenses and or without their consent is punishable by a fine of up to
$5,000.
Requests must be for access to existing records. The Forest Service
FOIA Office will not create records for the purpose of responding to a
FOIA or Privacy Act request.
<bullet> FOIA excludes Federal agencies from its definition of
persons permitted to make FOIA requests [see 5 U.S.C. 552(a)(3)(A) and
5 U.S.C. 551(2)]. To avoid confusion as to whether Federal employees
are requesting information in their personal or official capacities,
requests from Federal employees should be submitted using personal
resources.
Any individual may request general information regarding this
system of records or information as to whether the system contains
records pertaining to him/her. All inquiries pertaining to this system
should be in writing, must name the system of records as set forth in
the system notice, and must contain the individual's name, telephone
number, address, and email address (see specific instructions above).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
The Forest Service proposes to create a new system of records
entitled ``USDA/Forest Service-63 Application Cloud Environment (FS
ACE) System of Records'' that will be used to maintain records of
activities conducted by the Agency pursuant to its mission and
responsibilities.
Dated: June 29, 2021.
Victoria Christiansen,
Chief, USDA Forest Service.
[FR Doc. 2021-14278 Filed 7-2-21; 8:45 am]
BILLING CODE 3411-15-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.